This week, U.S. senators are expected to take up Senate Bill 909, designed to help states prosecute those who commit hate crimes. But some say it will silence those who protest against gays. Both sides are referencing the 14th Amendment to help their cause. It requires states to provide equal protection under the law to all people. One side says that's what this hate crime bill will do. The other side says this bill will strip them of those rights.

The proposed hate crime bill hits home for Karen Johnson. She has a gay son. Johnson says, "It isn't easy being gay, and people that are gay are afraid, and just like people of color, people with disabilities, need to be protected."

The bill adds sexual orientation and gender identity to the existing federal hate crime statute.
But some members of religious groups fear this will strip them of the right to preach about the homosexual lifestyle, from the pulpit.

Chris Hupke with the South Dakota Family Policy Council says, "Pastors have spoke about this issue, speaking biblically, they have been prosecuted underneath what they call hate speech laws."

This month Attorney General Eric Holder said the bill is aimed at holding people accountable for conduct, not for speech. But Chris Hupke disagrees. He says, "There are plenty of examples internationally, and here as well where speech will be classified as intimidation, inciteful and will be prosecuted."

It's a stance that Karen Johnson finds hard to understand. She says, "For a hate crime bill to be argued against by a group that should be about love, and not supporting hate is just almost an irony to me."

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